The Voting News Weekly: The Voting News Weekly for March 6-12 2017

While the the House Intelligence Committee negotiated an agreement with the nation’s intelligence agencies for full access to sensitive information gathered on interference in last year’s election, Democratic Senators used a confirmation hearing for Deputy Attorney General to urge the selection of a special prosecutor to examine the Trump administration’s potential ties to Russia. In the face of repeated requests, the nominee Rod Rosenstein refused to make any commitment.

In an NPR piece, Pam Fessler notes that although there has been little progress on the Administration’s investigation of voter fraud and states have found scant evidence of illegal voting in the 2016 election this has not deterred Republican legislators in many states from promoting voter id and other restrictive voting requirements.

One Democratic Senator joined the entire Republican caucus in the Arkansas Senate to reach by a one vote margin the two-thirds majority vote needed for passage of photo identification requirement. The day before the Senate had approved a proposed that cleared the way for a constitutional amendment to be placed on the November 2018 ballot. After hours of often contentious debate, the Iowa House passed a similar voter ID requirement on a typical party line vote and changes are being proposed to a voter id bill passed last year in the West Virginia legislature.

The FBI is investigating an alleged data breach in Georgia at the Center for Election Systems at Kennesaw State University, The KSU Election Center is responsible for ensuring the integrity of the voting systems and developing and implementing security procedures for the election management software installed in all county election offices and voting systems. With closely-watched special elections scheduled in the coming months, it is than a bit troubling that closely-watched special elections scheduled for the coming months in Georgia will be held using DREs and e-pollbooks maintained and programmed by the KSU Center at the same time the center is subject to a criminal investigation.

A panel of federal judges ruled that a several of Texas congressional districts drawn by the Republican-dominated state Legislature in 2011 discriminated against black and Hispanic voters and violated the Voting Rights Act and the Constitution. Richard Hasen has suggested that the ruling may provide a path for Texas to once again face ongoing federal supervision under the Voting Rights Act.

A group of academic experts has raised concerns about the security of an internet voting system proposed for use in Western Australia that uses a proxy service to provides protection against Distributed Denial of Service (DDoS) attacks, by placing itself between voters and the actual server.

The French government announced that it was cancelling plans to allow citizens abroad to vote over the Internet in legislative elections this June and the Netherlands is abandoning electronic vote counting ahead of their March 15 general election. Officials in both countries cited concerns over cybersecurity and foreign interference as reasons for abandoning electronic voting.

In a unanimous ruling, South Korea’s Constitutional Court formally removed impeached President Park Geun-hye from office over a corruption scandal. Prime Minister Hwang Kyo-ahn has led the government as acting leader since Park’s impeachment and he will continue to do so until South Korea elects new president by May.

The Voting News Weekly: The Voting News Weekly for February 27 – March 5 2017

Following reports in The Washington Post that he had twice met with Russian Ambassador Sergey Kislyak during the campaign, contradicting testimony at his conformation hearing, Attorney General Jeff Sessions said that he will recuse himself from investigations related to the 2016 presidential campaign. The Post article came a day after The New York Times reported that In the Obama administration’s last days, some White House officials scrambled to spread information about Russian efforts to undermine the presidential election — and about possible contacts between associates of President-elect Donald J. Trump and Russians — across the government.

Proposals to require photo identification for voting advanced in Arkansas, Iowa and Nebraska., facing opposition in each state. The Michigan Secretary of State’s office finalized a contract to replace the state’s ailing voting machines with new equipment in time for the August 2018 primaries that could grant vendors up to $82.1 million over the next 10 years.

North Carolina Senate leader Phil Berger said that a recent Court of Appeals order means that the state doesn’t have a board that oversees elections and ethics laws, Asked how any elections or ethics matter would be decided now, Berger responded “those are questions that will need to be answered. There could be some questions as to the legal effect of any decisions they make during that period of time that they are nonexistent.”

Following the Justice Department’s withdrewal from the case, lawyers for the state of Texas argued that the Legislature did not act with discriminatory intent when it passed a voter ID law that has since been struck down, but they also told a judge that lawmakers will make fixes to it in the current Legislative session. The U.S. Supreme Court instructed a lower court to re-examine whether the Virginia General Assembly unconstitutionally stuffed African-American voters into certain districts, opening the door to a new political map that could reshape the Republican-controlled state legislature.

There are indications that a software error may have caused thousands of names to disappear from voter rolls in legislative elections in India and Sinn Féin has emerged as the biggest winner in Northern Ireland’s Assembly election after the party came to within one seat of matching the Democratic Unionist return of 28 seats.

 

 

The Voting News Weekly: The Voting News Weekly for February 13-19 2017

The New York Times reported that NSA investigations of phone records and intercepted calls show that members of the Trump campaign had repeated contact with Russian intelligence operatives prior to the election contradicting the campaign’s claims. The calls between Mr. Trump’s associates and the Russians were initially captured as part of routine foreign surveillance, but subsequently the NSA was asked by the FBI to collect as much information as possible about the Russian operatives on the phone calls, and to search through troves of previous intercepted communications that had not been analyzed.

The Atlantic posted an extensive piece on efforts by House Administration Committee chairman Gregg Harper (R-MS) to eliminate the Election Assistance Commission. On a party-line vote, his bill to terminate the agency was the first piece of legislation approved by the Committee in the new Congress. Voting rights advocates worry that this version of the bill may actually get a floor vote. Supporters of the EAC argue that it would be especially foolhardy to get rid of it at a time of heightened concerns about the integrity of U.S. elections. “This is the time when we should be focusing on strengthening the only federal agency charged with making elections work for all Americans, not trying to eliminate it,” said Representative Robert Brady of Pennsylvania, the ranking Democrat on the committee.

Stanford computer scientist and Verified Voting founder David Dill wrote about the potential of foreign powers hacking American computerized voting systems and the importance of post-election audits in protecting the integrity of our elections. “We need to audit computers by manually examining randomly selected paper ballots and comparing the results with machine results. Audits require a voter-verified paper ballot, which the voter inspects to confirm that his or her selections have been correctly and indelibly recorded.”

As he blatantly lied on a series of talk shows last Sunday about the extent to which illegal voting occurs in American elections, White House aide Stephen Miller told George Stephanopoulos to “invite Kris Kobach onto your show, and he can walk you through some of the evidence of voter fraud in greater detail.” On Monday, three separate networks gave Kobach the chance to do just that. It did not go well for him. Leaders from both parties are defending New Hampshire’s electoral system in the wake of another unsubstantiated Trump claim that there’s massive voter fraud happening in the state. Republican strategist and former New Hampshire Attorney General Tom Rath wrote “Let me be as unequivocal as possible: allegations of voter fraud in NH are baseless, without any merit-it’s shameful to spread these fantasies.”

A pair of bills aimed at tightening Maine’s voter identification requirements were broadly panned as unconstitutional and unneeded Wednesday during daylong public hearings before the Legislature’s Veterans and Legal Affairs Committee. Massachusetts Auditor Susan Bump has determined that early voting in last year’s presidential election constituted a state mandate on cities and towns, and the state should pay for it and the North Carolina Supreme Court has restored a block on the legislature’s overhaul of the state elections board and ethics commission while Gov. Roy Cooper’s lawsuit awaits resolution.

The Dutch government will allow municipalities to use computers to tabulate the votes cast in upcoming elections, provided that they are not connected to the Internet. The voting itself is done on paper in pencil and the contents of the ballot boxes are counted by hand. The head of front-running French presidential candidate Emmanuel Macron’s independent Onwards Party has said that they have been the target of hundreds if not thousands of Russian hacks and a fake news smear campaign.

Verified Voting Blog: New Report: Internet Voting Threatens Ballot Secrecy

Casting a secret ballot in the upcoming election might not be so secret or secure depending on where – and how – you vote, according to a new report The Secret Ballot at Risk: Recommendations for Protecting Democracy. The report was coauthored by three leading organizations focused on voting technology, the Electronic Privacy Information Center (EPIC), Verified Voting and Common Cause.

Caitriona Fitzgerald, State Policy Coordinator for EPIC and a co-author of the report, said, “The secret ballot is a core value in all 50 states. Yet states are asking some voters to waive this right. That threatens voting freedom and election integrity. This report will help safeguard voter privacy.”

This year 32 states will allow voting by email, fax and internet portals – mostly for overseas and military voters. In most states, voters using Internet voting must waive their right to a secret ballot.

Giving up the right to a secret ballot threatens the freedom to vote as one chooses, argue the report authors. The report cites several examples of employers making political participation a condition of employment — such as an Ohio coal mining company requiring its workers to attend a Presidential candidate’s rally – and not paying them for their time.

“On Election Day, we all are equal. The Secret Ballot ensures voters that employers’ political opinions stop at the ballot box,” said Susannah Goodman, director of Common Cause’s national Voting Integrity Campaign. “The Secret Ballot was established for a reason. The Secret Ballot ensures that we can all vote our conscience without undue intimidation and coercion.”

Marc Rotenberg, EPIC President, agreed, “The secret ballot is the cornerstone of modern democracy. The states must do more to protect the privacy of voters.”

The Voting News Weekly: The Voting News Weekly for February 6-12 2017

As they have in the last three Congresses Republicans on the House Administration Committee voted in favor of legislation that would shut down the Election Assistance Commission, the federal agency set up in 2002 to help states improve their election systems. This legislation is considerably stronger than previous versions in that rather than transferring responsibilities for voting system testing and certification to other Federal agencies, this bill would simply eliminate federal involvement in voting systems entirely. Previous versions of this legislation have not been brought to the floor, in part because they faced a certain veto, but this time, who knows? Speaker Paul Ryan has given no indication of whether or when the bill may come to the House floor.

In response to the House Committee action, Matthew Weil of the Bipartisan Policy Center noted that “If this seems like a strange response to an election marked by allegations of voter fraud, voter suppression, and election rigging—from both sides of the political aisle—you’re not wrong.” Weil joined the many voices raised in support of the EAC, noting, among other significant factors, the role of the EAC in gathering election data through it’s Election Administration and Voting Survey, an important resource for researchers and advocates and, not incidentally Verified Voting in maintaining the Verifier.

In spite of hyperventilating in some quarters about a “federal takeover of elections”, U.S. Homeland Security Secretary John Kelly has confirmed that he supports the Obama administration’s decision to designate elections systems as critical infrastructure. While not accepting the merits of the plaintiff’s arguments, Georgia Secretary of State Brian Kemp has settled a federal lawsuit that accused him of disenfranchising minority voters through a requirement on registration forms “to avoid the expense of further litigation.” The advocacy groups that filed the suit in September, maintained that the “exact match” language followed by the Secretary of State disproportionately affected black, Latino and Asian-American voters across the state and violated the Voting Rights Act.

The Iowa ACLU legal director argued that House Study Bill 93, labeled the “Election Integrity Act,” would not only make voting more difficult and more confusing for voters, but it would also be more expensive for taxpayers. The contentious legislation, sponsored by Republican Secretary of State Pete Pate, was promoted as an effort to “enhance integrity and boosting Iowans’ confidence in the process” though the state already enjoys some of the highest rates of voter participation and no indication of any voter impersonation fraud.

Kansas Secretary of State Kris Kobach continued his push for a two ballot system for state and federal voting in the face of impassioned opposition from civic groups and advocates. The prospect for new state legislative districts this spring and elections this fall in North Carolina are looking slim despite a court order. A Texas mother of four has sentenced to eight years in prison – and almost certainly deportation later — after she voted illegally in elections in 2012 and 2014.

Russian opposition leader Alexei Navalny has accused the Kremlin of trying to block him from running in next year’s presidential election after a court found him guilty of embezzlement and celebrations erupted on the streets of Somalia after the election of Mohamed Abdullahi Mohamed, a 55-year-old former prime minister and dual US-Somali national with a reputation for independence and competence.

The Voting News Weekly: The Voting News Weekly for January 30 – February 5 2017

Senate Majority Leader Mitch McConnell (R-Ky.) on Sunday said he doesn’t want to spend federal funds to investigate what President Trump claimed was massive voter fraud in the 2016 presidential election. President Trump may want to “move on” from Russia’s attempted interference in last fall’s presidential election, but two senators announced Thursday that they are launching a bipartisan investigation of Russia’s efforts to influence the U.S. election and democratic elections in other nations. Doug Chapin blogged about the importance of the work of the Presidential Commission on Election Administration, now that the commission’s report and the rest of its work is no longer available online after the new Administration decided to remove it from its home at supportthevoter.gov. Arkansas counties say they need a major upgrade to voting equipment to prevent system failures in the next election. New voter identification requirements that would do away with an affidavit option that was available during November’s election passed the North Dakota House. South Dakota Gov. Dennis Daugaard signed a bill that effectively repealed a voter-approved campaign finance and ethics law. A federal appeals court ruled that the Pasadena Texas election system that a judge ruled violated the Voting Rights Act by discriminating against Hispanics cannot be used in the upcoming May council elections. The Public Council to Bulgaria’s electoral body, the Central Electoral Commission said the future of electronic voting in Bulgaria must be determined after thorough analyses and public debate. Claiming no consensus has been found on an alternative system, Canadian Prime Minister Justin Trudeau abandoned his promise to reform Canada’s electoral system and Dutch authorities will count by hand all the votes cast in next month’s general elections, ditching “vulnerable” computer software to thwart any cyber hacking bid.

The Voting News Weekly: The Voting News Weekly for January 23-29 2017

President Donald Trump said he would seek an investigation into what he believes was voter fraud in last November’s election, drawing rebukes from both Republicans and Democrats who said the unsubstantiated claims of large-scale fraud could undermine voting rights efforts as well as confidence in the new U.S. chief executive. Less than a week into Donald Trump’s presidency, both chambers of Congress have launched probes into alleged hacking by Russia that spy chiefs believe was designed to help him win. The New York Times considered the motives behind Trump’s baseless claims of voter fraud. An Arkansas House panel has backed a proposal to reinstate the state’s voter ID law that was struck down more than two years ago, The Michigan Administrative Board unanimously approved up to $82.1 million in spending over the next 10 years under contracts with three vendors who will supply new tabulator machines, election-management software and maintenance agreements. The U.S. Supreme Court declined to hear an appeal by Texas seeking to revive the state’s strict Republican-backed voter-identification requirements that a lower court found had a discriminatory effect on black and Hispanic people. Bulgaria’s new president called an early national election for 26 March and appointed a former parliamentary speaker as caretaker prime minister and a report on the Canadian government’s online survey about electoral reform suggest that about two-thirds of Canadians are generally satisfied with the country’s democracy, but just as many think parties should make decisions collaboratively.

The Voting News Weekly: The Voting News Weekly for January 16-22 2017

The FBI and five other law enforcement and intelligence agencies have collaborated for months in an investigation into Russian attempts to influence the November election, including whether money from the Kremlin covertly aided President-elect Donald Trump. As the nation marked the birthday of Martin Luther King Jr., USA Today considered the future of civil rights in this country will soon rest in the hands of a new president and in large part his attorney general, who must champion the rights of all Americans. A three-judge federal court panel has blocked Alabama from using in next year’s elections 12 legislative districts challenged as unconstitutional by black political groups. Kansas Secretary of State Kris Kobach asked for a bill to be introduced Tuesday that would give him authority to hold “bifurcated” elections so that potentially tens of thousands of registered voters could not vote in state or local elections. The U.S. Supreme Court justices offered no clue Thursday as to whether special elections ordered for North Carolina in 2017 will move ahead. Within hours of Donald Trump being sworn in as president Friday, a federal court in Corpus Christi postponed a scheduled hearing in the Texas voter ID case until next month at the request of the Justice Department. Yahya Jammeh, the former Gambian president, has left the country after he finally agreed to step down following 22 years of rule and with eight months until Germans go to the polls, the country’s intelligence agencies believe foreign actors – namely Russia – may use similar tactics to those allegedly deployed during the US presidential election to divide public opinion and boost the fortunes of non-mainstream parties.

Verified Voting Blog: Give Us The Ballot | Dr. Martin Luther King Jr.

The following passage is excerpted from a speech that Dr. King delivered before the Lincoln Memorial at the March on Washington, on May 17, 1957, three years after Brown v. Board of Education and eight years before the enactment of the Voting Rights Act.

Three years ago the Supreme Court of this nation rendered in simple, eloquent and unequivocal language a decision which will long be stenciled on the mental sheets of succeeding generations. For all men of good will, this May 17 decision came as a joyous daybreak to end the long night of segregation. It came as a great beacon light of hope to millions of distinguished people throughout the world who had dared only to dream of freedom. It came as a legal and sociological deathblow to the old Plessy doctrine of “separate-but-equal.” It came as a reaffirmation of the good old American doctrine of freedom and equality for all people.

Unfortunately, this noble and sublime decision has not gone without opposition. This opposition has often risen to ominous proportions. Many states have risen up in open defiance. The legislative halls of the South ring loud with such words as “interposition” and “nullification.” Methods of defiance range from crippling economic reprisals to the tragic reign of violence and terror. All of these forces have conjoined to make for massive resistance.

But, even more, all types of conniving methods are still being used to prevent Negroes from becoming registered voters. The denial of this sacred right is a tragic betrayal of the highest mandates of our democratic traditions and its is democracy turned upside down.

So long as I do not firmly and irrevocably possess the right to vote I do not possess myself. I cannot make up my mind — it is made up for me. I cannot live as a democratic citizen, observing the laws I have helped to enact — I can only submit to the edict of others.
Three years ago the Supreme Court of this nation rendered in simple, eloquent and unequivocal language a decision which will long be stenciled on the mental sheets of succeeding generations. For all men of good will, this May 17 decision came as a joyous daybreak to end the long night of segregation. It came as a great beacon light of hope to millions of distinguished people throughout the world who had dared only to dream of freedom. It came as a legal and sociological deathblow to the old Plessy doctrine of “separate-but-equal.” It came as a reaffirmation of the good old American doctrine of freedom and equality for all people.

Unfortunately, this noble and sublime decision has not gone without opposition. This opposition has often risen to ominous proportions. Many states have risen up in open defiance. The legislative halls of the South ring loud with such words as “interposition” and “nullification.” Methods of defiance range from crippling economic reprisals to the tragic reign of violence and terror. All of these forces have conjoined to make for massive resistance.

But, even more, all types of conniving methods are still being used to prevent Negroes from becoming registered voters. The denial of this sacred right is a tragic betrayal of the highest mandates of our democratic traditions and its is democracy turned upside down.

So long as I do not firmly and irrevocably possess the right to vote I do not possess myself. I cannot make up my mind — it is made up for me. I cannot live as a democratic citizen, observing the laws I have helped to enact — I can only submit to the edict of others.

The Voting News Weekly: The Voting News Weekly for January 9-15 2017

Responding to the DHS decision to add voting systems to the list of critical infrastructure Pamela Smith of Verified Voting commented “Voting systems should receive at least as much attention and care as other critical infrastructure systems do. The fact that all or nearly all of the 50 states as well as more than 30 local jurisdictions availed themselves of support from Department of Homeland Security this year in the run-up to the election makes it clear that cyber-security considerations in elections are serious.” Voting rights featured prominently in the confirmation hearings for Attorney General nominee Jeff Sessions. Green Party candidate Jill Stein wrote about election reform in The Guardian. San Francisco extended a voting machine contract with Dominion Voting Systems for two years, in spite of plans to switch over to an open source system. The Justice Department is suing the city of Eastpointe, Michigan, alleging that it violates the Voting Rights Act by denying black residents an equal opportunity to elect city council members of their choice. The Justice Department also joined a lawsuit against the New York City Board of Elections, alleging that the board’s Brooklyn office violated federal voter registration law by purging more than 117,000 inactive Brooklyn voters. The U.S. Supreme Court blocked a court-ordered legislative redistricting and 2017 special election in North Carolina while it reviews Republican legislators’ appeal in an ongoing lawsuit. Wisconsin election officials are hoping to improve election administration based on lessons learned from the Presidential recount. The political party of Gambia’s President Yahya Jammeh, who lost an election last month but has refused to accept his defeat, filed a request for an injunction with the Supreme Court on Thursday aimed at blocking the swearing in of his rival and Kenyan President Uhuru Kenyatta approved a law requiring back up plans for an August election if electronic voting systems fail, despite fierce opposition from rivals who say any manual arrangements will open the ballot to rigging.

The Voting News Weekly: The Voting News Weekly for January 2-8 2017

In a remarkably blunt assessment released Friday, the CIA, FBI and Office of the Director of National Intelligence concluded with “high confidence” that Russia carried out a comprehensive cyber campaign to sabotage the U.S. presidential election, an operation that was ordered by Russian President Vladi­mir Putin and ultimately sought to help elect Donald Trump. Also on Friday, Homeland Security Secretary Jeh Johnson announced Friday that he’s designating U.S. election systems critical infrastructure, a move that provides more federal help for state and local governments to keep their election systems safe from tampering. At the New York Review of Books, Eric Maskin and Amartya Sen considered alternatives to the electoral college. A stedfast champion for voters, election integrity advocate, and inspirational defender of democracy Ion Sancho has retired from his position as Leon County Florida Supervisor of Elections after 28 years. Iowa Secretary of State Pete Pate has announced proposed legislation that would require a photo id for voting. A three-judge panel upheld North Carolina Gov. Roy Cooper’s request to block a revamp of the state elections board while his lawsuit makes its way through the courts. In a ruling that could provide a key test of the U.S. Supreme Court’s decision in 2013 that gutted portions of the Voting Rights Act, a federal judge ruled that officials in the City of Pasadena Texas deliberately diluted the clout of Hispanic voters by revising the system for electing City Council members. The final cost of Wisconsin’s presidential recount will likely be about half of the estimated $3.8 million that the state had required Green Party candidate Jill Stein pay before the recount began. In a reversal of his previous pledge, The Gambia’s army chief pledged his loyalty to President Yahya Jammeh, who has refused to accept defeat in last month’s election and a former head of MI6 has warned against switching elections to electronic voting because of the risk of hacking and cyber attacks.

The Voting News Weekly: The Voting News Weekly for January 1 2017

President Obama struck back at Russia for its efforts to influence the 2016 election, ejecting 35 suspected Russian intelligence operatives from the United States and imposing sanctions on Russia’s two leading intelligence services. A widely distributed AP article noted that Pennsylvania is one of 11 states where the majority of voters use antiquated machines that store votes electronically, without printed ballots or other paper-based backups that could be used to double-check the balloting. While they didn’t affect the outcome, the partial recounts of November’s election highlighted the unprecedented extent to which the American political system is vulnerable to cyberattack, according to two computer scientists who helped the effort to audit the vote. Green Party presidential candidate Jill Stein said Wednesday her abbreviated recount effort showed the vote “was not carefully guarded” in Michigan and should spur legislative action to require automatic post-election audits. In a US News editorial, Robert Schlesinger observed that the Electoral College doesn’t function today the way the Founding Fathers planned. U.S. Department of Transportation officials said that Alabama has agreed to expand driver’s license office hours after determining that black residents in the state were disproportionately hurt by a slate of closures and reductions in 2015. North Carolina Governor-elect Roy Cooper’s attorneys persuaded a Wake County Superior Court judge to block enactment of a law revamping the state elections board until further court proceedings could take place. Plaintiffs in an ongoing court battle over Texas’ 2011 district maps have filed a joint motion calling for the federal judges considering the case to issue a ruling by next month. The Gambia’s electoral commission building  reopened, though defeated incumbent President Yahya Jammeh continues to demand a new election and the British government announced that it would begin rolling out mandatory identity checks for voters, prompting a backlash from those who say the move could effectively disenfranchise millions.

Verified Voting Blog: A Democracy Worth the Paper — Ballot — it’s Written on | Mark Halvorson and Barbara Simons

As the CIA digs deep to investigate foreign influence on our election, we should recognize that we don’t need cybersecurity experts to tell us if our votes have been accurately counted. Citizen observers can do the job, if we fix the way we vote and the way we verify those votes.

Our democracy is in crisis because we have introduced computers into our voting systems without proper safeguards. First and foremost, every vote must be cast on a paper ballot marked by the voter. In addition, we must require that at least a random sample of those paper ballots be counted by hand to determine if the electronically reported election results are correct.

About 25 percent of the 2016 votes, including almost all of Pennsylvania, were cast on paperless, computerized voting machines. Since software can contain bugs, programming errors, and even malware, we never should have allowed paperless voting machines to record and count our votes, because there is no way to verify that votes are properly recorded and counted inside the machines. Voting on a paperless electronic voting machine is like speaking your vote to a stranger behind a screen and ­­­­­trusting him to cast it for you, without ever seeing the person or how he marked your ballot.

Furthermore, even states with paper ballots tabulate almost all of them using computerized optical scanners. Paper ballots provide no protection unless they are manually checked after the election to verify or correct the computer-declared results. There are only two ways to independently verify electronic tallies (that is, to confirm whether or not the person behind the screen was honest and accurate): post-election audits and recounts done by hand by examining the original paper ballots.

The Voting News Weekly: The Voting News Weekly for December 12-18 2016

FBI Director James B. Comey and Director of National Intelligence James R. Clapper Jr. are in agreement with a CIA assessment that Russia intervened in the 2016 election in part to help Donald Trump win the White House, officials disclosed Friday, as President Obama issued a public warning to Moscow that it could face retaliation.

The U.S. Election Assistance Commission, the agency charged with ensuring that voting machines meet security standards was itself penetrated by a hacker after the November elections, according to a security firm working with law enforcement on the matter.

Forty members of the Electoral College on Tuesday signed a letter demanding an intelligence briefing on Russian interference in the election ahead of their Dec. 19 vote. Jill Stein, the Green Party candidate for president, conceded Tuesday that her three-state vote recount drive was “stopped in its tracks,” but said she’d illuminated the need to shore up the security of balloting nationwide. The Detroit News observed that Stein’s recount effort revealed that election administration in many places in Michigan is “rife with incompetence that results in the disenfranchisement of thousands of voters who cast ballots that don’t get counted”.

The North Carolina Governor has signed a bill passed in special session that creates a single board to oversee the state’s ethics, lobbying and elections administration. Computer hackers attempted to hold Henry County Ohio’s voter database for ransom just days before the Nov. 8 general election. A federal judge rejected a Green Party-backed request to recount paper ballots in Pennsylvania’s presidential election  and scan some counties’ election systems for signs of hacking.

Dan Lopresti wrote about security issues in the voting machines used in Philadelphia and elsewhere in the country. A federal appeals court upheld a Virginia law requiring voters to show photo identification at the polls, rejecting a challenge from Democrats who argued that it suppressed voting by minorities and young people. European governments are bracing for cyber-meddling by Moscow in upcoming national elections in France, the Netherlands and Germany and Gambian President Yahya Jammeh has moved to resist his presidential election defeat, sending armed soldiers to take control of the electoral commission headquarters and filing a petition to the supreme court as a delegation of African leaders urged him to stand down.

The Voting News Weekly: The Voting News Weekly for December 5-11 2016

In an interview, Green Presidential candidate Stein bemoaned the now court-aborted Michigan recount process as a “political horror show,” saying, “the recount itself is not accurate, secure, and just, and it reflects that we have a voting system that is seriously flawed.”  The Detroit Free News observed that stopping the recount prematurely leaves Michiganders in limbo, noting that “in three days, the recount revealed imperfections in the voting system beyond the concerns that saw it launched.”

Meanwhile, a group of voters requested a recount in Florida and Nevada completed a partial recount. In Wisconsin, a federal judge rejected a request by President-elect Donald Trump supporters to stop a recount of election votes and a Philadelphia judge said he will rule Monday on the Green Party-backed petition for a statewide Pennsylvania recount.

After initially accepting defeat incumbent Gambian President Yahya Jammeh is now rejecting the results and calling for a new election and in Ghana an otherwise smooth election was marred by a hack of the Election Commission website raising questions about the accuracy of the results.

Verified Voting Blog: Election Security Is a Matter of National Security | David Dill

State-sponsored cyber-attacks seemingly intended to influence the 2016 Presidential election have raised a question: Is the vulnerability of computerized voting systems to hacking a critical threat to our national security? Can an adversary use methods of cyber-warfare to select our commander-in-chief?

A dedicated group of technically sophisticated individuals could steal an election by hacking voting machines key counties in just a few states. Indeed, University of Michigan computer science professor J. Alex Halderman says that he and his students could have changed the result of the presidential election. Halderman et al. have hacked a lot of voting machines, and there are videos to prove it. I believe him.

Halderman isn’t going to steal an election, but a foreign power might be tempted to do so. The military expenditures of a medium-size country dwarf the cost of a multi-pronged attack, which could include using the internet, bribing employees of election offices and voting machine vendors, or just buying voting machine companies. It is likely that such an attack would not be detected, given our current election security practices.

What would alert us to such an attack? What should we do about it? If there is reason to suspect an election result (perhaps because it’s an upset victory that defies the vast majority of pre-election polls), common sense says we should double-check the results of the election as best we can. But this is hard to do in America. Recount laws vary with each state. In states where it is possible to get a recount, it often has to be requested by one of the candidates, often at considerable expense.

In the recent election, it is fortunate that Green Party Presidential candidate Jill Stein, citing potential security breaches, recently requested a recount of the 2016 presidential vote in Wisconsin and Pennsylvania and plans to do so in Michigan. Donald Trump unexpectedly won these three states by very narrow margins, and their recount laws are favorably compared with some of the other swing states.

The Voting News Weekly: The Voting News Weekly for November 15-27 2016

Green Party candidate Jill Stein announced her intention to call for recounts in Michigan, Pennsylvania and Michigan. The Clinton campaign has indicated that they will support the Green effort and Clinton campaign lawyer Mark Elias explained their rationale at Medium.com.

University of Michigan computer scientist Alex Halderman made the case for recounts observing that “the only way to know whether a cyberattack changed the result is to closely examine the available physical evidence — paper ballots and voting equipment in critical states like Wisconsin, Michigan, and Pennsylvania. Unfortunately, nobody is ever going to examine that evidence unless candidates in those states act now, in the next several days, to petition for recounts.”

Michigan state election director Chris Thomas expressed confidence in the state’s ability to conduct a recount under the tight deadline imposed by the Electoral College. “Our plans are being drafted,” Thomas said. “We’re on top of it. We’ve got some blueprints on how it will be done.” Just under 4.8 million votes were cast for president in Michigan and all would be counted by hand under the state election code and the recount would need to be completed before the 16 members of Michigan’s electoral college meet on Dec. 19 to cast their votes for the winner of the presidential race.

Election officials in Wisconsin acknowledged the challenges with Wisconsin Elections Commission Administrator Michael Haas estimating that the cost and complexity of the recount would be in excess of the state’s last recount in 2011, which carried a price tag of more than $520,000. In that recount over a state Supreme Court seat, the commission had to recount 1.5 million votes — about half the 2.975 million ballot votes that were cast during the 2016 presidential election.

Meanwhile, incumbent Governor Pat McCrory has requested a statewide recount of the gubernatorial race in North Carolina. Legislators in Virginia have proposed restrictions on third party voter registration drives.

Election tensions spilled onto Haiti’s streets with shots fired outside the presidential palace as various candidates claimed victory in a re-run vote and Malians burned ballot boxes and one candidate was kidnapped during local elections meant to fill posts left vacant in the north since Islamist militants hijacked a 2012 Tuareg rebellion and ousted the government.

Verified Voting Blog: Want to Know if the Election was Hacked? Look at the Ballots | J. Alex Halderman

You may have read at NYMag that I’ve been in discussions with the Clinton campaign about whether it might wish to seek recounts in critical states. Thatarticle, which includes somebody else’s description of my views, incorrectly describes the reasons manually checking ballots is an essential security safeguard (and includes some incorrect numbers, to boot). Let me set the record straight about what I and other leading election security experts have actually been saying to the campaign and everyone else who’s willing to listen. 

How might a foreign government hack America’s voting machines to change the outcome of a presidential election? Here’s one possible scenario. First, the attackers would probe election offices well in advance in order to find ways to break into their computers. Closer to the election, when it was clear from polling data which states would have close electoral margins, the attackers might spread malware into voting machines in some of these states, rigging the machines to shift a few percent of the vote to favor their desired candidate. This malware would likely be designed to remain inactive during pre-election tests, do its dirty business during the election, then erase itself when the polls close. A skilled attacker’s work might leave no visible signs — though the country might be surprised when results in several close states were off from pre-election polls.

Could anyone be brazen enough to try such an attack? A few years ago, I might have said that sounds like science fiction, but 2016 has seen unprecedented cyberattacks aimed at interfering with the election. This summer, attackers broke into the email system of the Democratic National Committee and, separately, into the email account of John Podesta, Hillary Clinton’s campaign chairman, and leaked private messages. Attackers infiltrated the voter registration systems of two states, Illinois and Arizona, and stole voter data. And there’s evidence that hackers attempted to breach election offices in several other states.

In all these cases, Federal agencies publicly asserted that senior officials in the Russian government commissioned these attacks. Russia has sophisticated cyber-offensive capabilities, and has shown a willingness to use them to hack elections. In 2014, during the presidential election in Ukraine, attackers linked to Russia sabotaged the country’s vote-counting infrastructure and, according to published reports, Ukrainian officials succeeded only at the last minute in defusing vote-stealing malware that was primed to cause the wrong winner to be announced. Russia is not the only country with the ability to pull off such an attack on American systems — most of the world’s military powers now have sophisticated cyberwarfare capabilities.

[caption id="attachment_108182" align="aligncenter" width="800"]The pink counties predominately use optical scan paper ballots, which can be examined to confirm that the computer voting machines produced an accurate count. Blue counties use paperless voting systems, which require forensic analysis. The pink counties predominately use optical scan paper ballots, which can be examined to confirm that the computer voting machines produced an accurate count. Blue counties use paperless voting systems, which require forensic analysis.[/caption]

Were this year’s deviations from pre-election polls the results of a cyberattack? Probably not. I believe the most likely explanation is that the polls were systematically wrong, rather than that the election was hacked. But I don’t believe that either one of these seemingly unlikely explanations is overwhelmingly more likely than the other. The only way to know whether a cyberattack changed the result is to closely examine the available physical evidence — paper ballots and voting equipment in critical states like Wisconsin, Michigan, and Pennsylvania. Unfortunately, nobody is ever going to examine that evidence unless candidates in those states act now, in the next several days, to petition for recounts.

Media Release: Voting Experts Call for Nationwide Audit to Verify Election Results

Days after an unexpected outcome in the presidential election, a leading voting security group is reinforcing its call for a national post-election manual audit to validate computer-generated election results. In the months leading up to the election federal authorities issued unprecedented warnings regarding the computer security of the U.S. election system following revelations that over 20 states’ voter registration systems and a Florida voting system vendor were targeted by foreign cyber attacks. Federal officials acknowledged that the system vendor and four states’ voter registration databases were compromised by hackers including Illinois and Arizona.

“This national election was held under an unfortunate cloud of uncertainty due to documented attacks on U.S. election systems and claims of rigging before votes were even cast,” said Verified Voting President Pamela Smith. “In order for democracy to work, we all need to believe in the system that elects our leaders. Voters must have assurance their ballots will be counted the way they intended to cast them—especially in a time when so much doubt has been cast on the electoral process. Luckily, there’s an easy way to do this: a post-election audit that manually examines a random sample of the ballots.”

Almost all ballots cast in the U.S. are tabulated by computers; software is vulnerable to errors, bugs, malware and attacks. The security breaches identified in the months before the election led national security experts in both the federal government and private sector to issue unprecedented warnings about the cyber security of U.S. voting systems. In an extraordinary move, the Department of Homeland Security partnered with state and federal election officials in an effort to shore up voting system security following the disclosed attacks.

A nationwide audit of about 1.4 million ballots–just over 1% of the votes cast– could give 95% confidence that each state’s result is right. About 25% of Americans voted on equipment that does not produce an auditable paper record, mostly in Delaware, Georgia, Louisiana, and New Jersey. But votes cast by the other 75% are on paper ballots or paper records voters have the chance to check, and those can and should be checked in every election.

Verified Voting Blog: Still time for an election audit | Ron Rivest and Philip Stark

A Washington Post–ABC News poll found that 18% of voters — 33% of Clinton supporters and 1% of Trump supporters — think Trump was not the legitimate winner of the election. Sen. Lindsey Graham, R-S.C., has called on Congress to investigate the Russian cyberattack on the Democratic National Committee and the election. There are reasons for concern. According to the director of national intelligence, the leaked emails from the DNC were “intended to interfere with the U.S. election process.” The director of national intelligence, the Department of Homeland Security, and the National Security Agency concluded that the Russian government is behind the DNC email hack and that Russian hackers attacked U.S. voter registration databases.

We know that the national results could be tipped by manipulating the vote count in a relatively small number of jurisdictions — a few dozen spread across a few key states. We know that the vast majority of local elections officials have limited resources to detect or defend against cyberattacks. And while pre-election polls have large uncertainties, they were consistently off. And various aspects of the preliminary results, such as a high rate of undervotes for president, have aroused suspicion.

Computers counted the vast majority of the 130 million votes cast in this year’s election. Even without hacking, mistakes are inevitable. Computers can’t divine voter intent perfectly; computers can be misconfigured; and software can have bugs. Did human error, computer glitches, hacking, or other problems change the outcome? While there is, as yet, no compelling evidence, the news about hacking and deliberate interference makes it worth finding out.

The Voting News Weekly: The Voting News Weekly for November 14-20 2016

voting_booths_260Amid the ruins of the ugliest presidential campaign in modern history, Democrats are bemoaning an election apparatus so balky and politically malleable that throngs of would-be voters either gave up trying to cast ballots or cast ones that were never counted.the first presidential election in a half century that was held without the full protection of the Voting Rights Act of 1965, so few Americans cast ballots that a new president was elected by barely a quarter of Americans eligible to vote. Civil rights groups say that Republican-backed “voter suppression” laws enacted since 2010 probably helped tip the scale for Republican nominee Donald Trump in some closely contested states on election night. In a USA Today Ron Rivest and Philip Stark advocated “risk-limiting” audits of election results, an audit that manually examines a random sample of the ballots in a way that has a large chance of detecting and correcting incorrect results. The Illinois Senate has voted to override Governor Rauner’s veto of automatic voter registration legislation. Opponents of ballot initiatives in Maine that would legalize recreational marijuana and tax the state’s highest earners to help fund public schools have submitted requests for recounts. A statewide recount is also possible in the North Carolina gubernatorial contest. The ultimate of Texas’ voter id requirement remains up in the air. Voters went the polls in China, while hurricane-ravaged Haiti holds elections today.

The Voting News Weekly: The Voting News Weekly for November 7-13 2016

long_lines_260As voters flooded polling places across the country on Election Day, some reported problems such as broken machines, long lines and voter intimidation in states ranging from Texas to Pennsylvania. Despite concerns about possible attempts to hack or otherwise tamper with the US election, voting appears to have gone smoothly, with the Department of Homeland Security saying it had no reports of election-related cyber breaches. Bruce Schneier shared his concerns about the potential for election cyber attacks and Candace Hoke outlined measures needed to ensure the integrity of elections in the future. Technical problems in the debut of Connecticut’s election results website resulted in the deletion of tallies from Tuesday’s presidential election and the system to be temporarily shut down. Voters in Missouri overwhelmingly voted to reinstate campaign donation limits and to require photo identification for future elections. A recount of the North Carolina Governor’s race is likely to extend well past the Thanksgiving holidays. Milwaukee’s elections chief said that Wisconsin’s voter ID law caused problems at the polls in the city and likely contributed to lower voter turnout. Austria’s Interior Minister said there was no reason to delay again its presidential election due on Dec. 4 after newspapers reported it was possible to order postal ballots online using fake passport numbers and German Chancellor Angela Merkel warned that Russia could try to influence next year’s German national elections through cyber warfare and disinformation.

Verified Voting Blog: Election integrity: Missing components to remedy

This oped appeared originally at the The Hill on November 8, 2016.

Our election systems’ vulnerabilities received unprecedented bipartisan and media attention from mid-summer onward, sparked by the apparently Russian origins of hacks into the Democrat’s communications systems. If tampering with the U.S. election process was a goal, then election technologies used for voter registration and vote tabulation, and the Internet itself, were hypothesized as additional potential targets. Further disclosures added fire to the considerable smoke.

While correction of U.S. election vulnerabilities may appear to be largely a simple matter of upgrading the election technologies, including voting devices and voter registration databases, that focus alone would be window dressing.  It would conceal and permit continuation of a broad array of vulnerabilities warranting reassessment and remedy.  Indeed, a full cyber risk assessment of our “mission critical” election processes would highlight a broad range of soft points that include many not yet a part of public and policymaker scrutiny. Outdated technology may appear to be the easiest correction, yet it is not. Other weak links in the process will defeat secure and resilient elections processes unless they, too, are redressed—like any weak chain.

Our election systems’ vulnerabilities received unprecedented bipartisan and media attention from mid-summer onward, sparked by the apparently Russian origins of hacks into the Democrat’s communications systems. If tampering with the U.S. election process was a goal, then election technologies used for voter registration and vote tabulation, and the Internet itself, were hypothesized as additional potential targets. Further disclosures added fire to the considerable smoke.

While correction of U.S. election vulnerabilities may appear to be largely a simple matter of upgrading the election technologies, including voting devices and voter registration databases, that focus alone would be window dressing.  It would conceal and permit continuation of a broad array of vulnerabilities warranting reassessment and remedy.  Indeed, a full cyber risk assessment of our “mission critical” election processes would highlight a broad range of soft points that include many not yet a part of public and policymaker scrutiny. Outdated technology may appear to be the easiest correction, yet it is not. Other weak links in the process will defeat secure and resilient elections processes unless they, too, are redressed—like any weak chain.

The illustrative list below elucidates some agenda items relevant on the eve of casting, counting, and reporting tallies — and on checking the accuracy of vote tallies if hacking may have occurred.

The Voting News Weekly: The Voting News Weekly for October 31 – November 6 2016

cybersecurity_260Days before Election Day, warnings of a rigged vote have led to anxiety across the country about the integrity of the electoral process, leaving election officials and local authorities scrambling to verify claims of mischief and, often, to offer reality checks. The New York Times reports of stories of Trump supporters in Ohio sending wild dogs to scare off black voters, possessed voting machines flipping votes Donald J. Trump to Hillary Clinton, and an amateur genealogist said to be committing voter fraud by jotting down names found on gravestones.

The U.S. government believes hackers from Russia or elsewhere may try to undermine next week’s presidential election and is mounting an unprecedented effort to counter their cyber meddling. “The Russians are in an offensive mode and [the U.S. is] working on strategies to respond to that, and at the highest levels,” said Michael McFaul, the U.S. ambassador to Russia from 2012 to 2014.

Politico wrote about concens raised by incresing reliance on the internet for election administration and even voted ballot delivery. Tens of thousands of military and overseas Americans casting ballots online this fall face a high risk of being hacked, threatening to cause chaos around Election Day if their votes get manipulated or they transmit viruses to state and local election offices. As the article notes, internet voting also can leave the state and local government networks susceptible to hard-to-detect cyberattacks once election officials in the U.S. open up the ballot via email or click on what looks like a seemingly legitimate document.

Larry Greenemeier at Scientific American also wrote about the security concerns surrounding internet voting.  At least 31 states and the District of Columbia do let military and expatriate voters use the internet to submit marked ballots via e-mailed attachments, fax software or a Web portal.

Philip Stark and Poorvi Vora point out the inadequacy of Maryland’s automated post election audit. While acknowledging that some sort of audit is btter than none and applauds the decision to review all votes in all races and counties, they warn that relying on the scans — which are as vulnerable as any other computer data — limits the kinds of problems the reviews can detect. As they note, “the scans aren’t like photographs; they can differ due to machine error, tampering or human error (for instance leaving out a batch of ballots or scanning the same batch twice).”

A federal appeals court panel rejected a challenge to an Arizona election law that throws out ballots cast by voters who go to the wrong precinct. Lawyers representing the state and national Democratic parties said Arizona throws out more out-of-precinct ballots than any other state and that minorities are more likely to be affected. A federal judge in Phoenix rejected the challenge last month, ruling that the state has a valid reason not to count such votes because different races are on ballots in different precincts.

In response to a lawsuit filed by the North Carolina NAACP seeking an emergency halt to voter roll purges, a U.S. District Court judge ruled that four counties must restore names to voter rolls that were part of a recent mass purge. The US Supreme Court denied an emergency request from the Ohio Democratic Party to put on hold provisions of two election laws concerning absentee and provisional ballots in the state.

Voters in Ivory Coast’s referendum were asked to approve a draft constitution containing provisions that the opposition contended will significantly strengthen the power of the presidency and in Nicaragua Daniel Ortega is seeking his second consecutive re-election, with his wife, Rosario Murillo, as the vice-presidential candidate.

Verified Voting Blog: Trump’s claim the election is rigged is unfounded

I serve as President of Verified Voting, a voting security organization that seeks to strengthen democracy by working to ensure that on Election Day, Americans have confidence that their votes will be counted as we intended to cast them. Election officials, security experts and advocates have been working together around the country toward that goal, at a level that also is unprecedented.

Elections are administered by local officials. America doesn’t have one monolithic national voting system the way there is in other countries. We have thousands of them, operating under state and local supervision.

In recent years, the way in which America votes has trended toward increasingly reliable and verifiable methods. More than 75 percent of Americans will vote this election on paper ballots or on voting machines with voter verifiable paper trails. That’s more than in past elections, including 2012 and 2014. (You can check out how your local area votes on our map of voting systems, at http://verifiedvoting.org/verifier ) That means more voters than ever will be voting on recountable, auditable systems.

Why is that important? Because it offers officials a way to demonstrate to the loser of an election and the public that yes, they really did get fewer votes than their opponent or opponents.This is a nonpartisan issue. If you lose an election because something went wrong with a voting system somewhere, that’s fundamentally unfair. The more checks and balances we have in place (such as paper backup trails and audits), the greater our ability to withstand tampering or just general malfunction.

That’s not to say that our systems have no vulnerabilities. We have a higher degree of reliability in our election systems than in the past, but there’s still work to be done. What’s notable is that more is being done to ensure security this year than ever before.

Verified Voting Blog: David Dill: Why Can’t We Vote Online? | KQED

This interview was posted at KQED on October 4, 2016, where audio of the interview can be heard.

david_dillWe can bank online and we can shop online so why can’t we vote online? To answer that question, we first need to agree on what it means, said David Dill, a computer science professor at Stanford and the founder of the Verified Voting Foundation. In other words, what do people mean when they ask: “Why can’t we vote online?”

“The reason people want internet voting is because they want the convenience to vote at home or vote on their smartphone,” Dill said. I have to agree. I want to vote online like I do everything else online. I want to vote anywhere, anytime and on any device. If that’s the case, Dill said the answer is simple: We can’t vote online because our personal devices are too easy to hack. “If we had online elections, we would never be able to trust the results of those elections,” Dill said. “These systems are just notoriously insecure.”

If you follow the news, you know that our smartphones and personal computers are constantly getting hacked. While antivirus companies try, no software can stop all viruses. In fact, you might have a virus on your computer right now and not realize it, Dill said. “Now you can imagine the impact on trying to cast a ballot on such a machine,” Dill said. “The technology does not exist for secure online voting.”

But aren’t there places that have voted online? Yes, but Dill says they’ve all been hacked.

Verified Voting Blog: Andrew W. Appel: My testimony before the House Subcommittee on IT

This article appeared originally at Freedom to Tinker on September 30, 2016. I was invited to testify yesterday before the U.S. House of Representatives Subcommittee on Information Technology, at a hearing entitled “Cybersecurity: Ensuring the Integrity of the Ballot Box.”  My written testimony is available here.  My 5-minute opening statement went as follows:

My name is Andrew Appel.  I am Professor of Computer Science at Princeton University.   In this testimony I do not represent my employer. I’m here to give my own professional opinions as a scientist, but also as an American citizen who cares deeply about protecting our democracy. My research is in software verification, computer security, technology policy, and election machinery.  As I will explain, I strongly recommend that, at a minimum, the Congress seek to ensure the elimination of Direct-Recording Electronic voting machines (sometimes called “touchscreen” machines), immediately after this November’s election; and that it require that all elections be subject to sensible auditing after every election to ensure that systems are functioning properly and to prove to the American people that their votes are counted as cast. There are cybersecurity issues in all parts of our election system:  before the election, voter-registration databases; during the election, voting machines; after the election, vote-tabulation / canvassing / precinct-aggregation computers.  In my opening statement I’ll focus on voting machines.  The other topics are addressed in a recent report I have co-authored entitled “Ten Things Election Officials Can Do to Help Secure and Inspire Confidence in This Fall’s Elections.”

Verified Voting Blog: What are the post-Election Day procedures states can take to confirm the election went well?

Ensuring the accuracy and integrity of the vote count can help generate public confidence in elections. Two of the most important steps happen after voting concludes on Election Day. Ballot accounting and reconciliation (BA&R) is a not-so-exciting name for a crucial best practice. BA&R is a multi-step process that is designed to account for all ballots, whether cast at the polling place or sent in remotely, and compare that with the number of voters who voted, as the first pass. After that, the next step is to ensure that all batches of votes from all the polling places are aggregated into the totals once (and only once). This is a basic “sanity check” that makes sure no ballots are missing, none are found later, none were counted twice, etc. Most jurisdictions do a good job at this task.

Verified Voting Blog: Which voting machines can be hacked through the Internet?

Over 9000 jurisdictions (counties and states) in the U.S. run elections with a variety of voting machines: optical scanners for paper ballots, and direct-recording “touchscreen” machines.  Which ones of them can be hacked to make them cheat, to transfer votes from one candidate to another?

The answer:  all of them.  An attacker with physical access to a voting machine can install fraudulent vote-miscounting software.  I’ve demonstrated this on one kind of machine, others have demonstrated it on other machines.  It’s a general principle about computers: they run whatever software is installed at the moment.

So let’s ask:

  1. Which voting machines can be hacked from anywhere in the world, through the Internet?  
  2. Which voting machines have other safeguards, so we can audit or recount the election to get the correct result even if the machine is hacked?

The answers, in summary:

  1. Older machines (Shouptronic, AVC Advantage, AccuVote OS, Optech-III Eagle) can be hacked by anyone with physical access; newer machines (almost anything else in use today) can be hacked by anyone with physical access, and are vulnerable to attacks from the Internet.
  2. Optical scan machines, even though they can be hacked, allow audits and recounts of the paper ballots marked by the voters.  This is a very important safeguard.  Paperless touchscreen machines have no such protection.  “DRE with VVPAT” machines, i.e. touchscreens that print on paper (that the voter can inspect under glass while casting the ballot) are “in between” regarding this safeguard.

The most widely used machine that fails #1 and #2 is the AccuVote TS, used throughout the state of Georgia, and in some counties in other states.